Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 12, 1995 TAG: 9505120030
SECTION: VIRGINIA PAGE: B-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
According to Willie Lloyd Turner, facing execution May 25, ``the very delay that his unending litigation has caused now renders his death sentence unenforceable,'' wrote Robert H. Anderson III, an assistant attorney general.
In papers filed with the Virginia Supreme Court on Wednesday, Anderson urged that Turner's petition for yet another stay of execution be dismissed because it could have been made years ago.
Though it is undisputed that Turner killed a Franklin jewelry store owner July 12, 1978, his ``battery of lawyers has challenged his capital murder conviction and death sentence at every turn,'' Anderson said.
Richard Grizzard, Southampton County commonwealth's attorney and the man who prosecuted Turner, agreed that Turner and his lawyers are to blame for the delay.
``I think the argument's ridiculous,'' Grizzard said. ``He's claiming it's cruel and unusual punishment because it's been such a long period of time - he's the one that's been dragging things through the courts for 15 years.''
However, lawyers who defend condemned inmates argue that challenges and special safeguards are allowed by law to prevent the state from committing an injustice in the death chamber.
Indeed, one of Turner's appeals - seven years after he was sentenced to death - resulted in a U.S. Supreme Court ruling that his death sentence was invalid because jurors were not allowed to be questioned about racial bias.
In the meantime, Virginia changed its law, enabling a second jury to sentence Turner to death.
Therefore, Turner's lawyers argue, it is largely the state's fault that Turner has remained on death row for so long, allegedly suffering cruel and unusual punishment. At one point, he came within four hours of electrocution.
``If they gave me a fair trial to begin with, it would have all been over with by 1985. And if they hadn't have changed the rules, it would have all been over with'' earlier as well, Turner said last week.
``There's two ways right there that it took so long. It's not our fault,'' he said.
As a result of the long wait for execution under allegedly ``hellish'' conditions, the state has forfeited its right to execute Turner, his lawyers argue.
Billy Smith, son of the slain jeweler, W. Jack Smith Jr., complained last week that Turner ``and his lawyers are the ones that have pushed this back time and time and time again.''
``I think it's a lot of bull,'' Smith said.
by CNB